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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
AJAY MOHAN GOEL
Suresh Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. petitioner's promotion as clerk and erroneous pay withdrawal (Para 1 , 2 , 3 , 4) |
| 2. no condition links pay scale to typing test date (Para 5) |
| 3. higher pay scale two years after typing test per govt letter (Para 6) |
| 4. issue: pay scale from promotion or test date (Para 7 , 8) |
| 5. promotion order does not condition pay on test passage (Para 9 , 10 , 11 , 12) |
| 6. govt letter clarification not generally binding (Para 13) |
| 7. test delay not employee's fault (Para 14) |
| 8. pay scale from two years post-promotion; quash recovery (Para 15) |
JUDGMENT :
Ajay Mohan Goel, J.
By way of this writ petition, the petitioner has inter alia prayed for the following relief:-
“A. That a writ of Certiorari or any other appropriate writ order or direction may kindly be issued for quashing and setting aside letter dated 17.02.2025 contained in Annexure P-7.
B. That a writ of Mandamus or any other appropriate writ order or direction may kindly be issued for directing the Respondents to fix the pay of the petitioner firstly, in Pay Level 7 for the post of Junior Assistant and secondly, in Pay Level 11 for the post of Senior Assistant in terms of orders dated 07.02.2022 12.01.2024, from the due date, along
Higher pay scale entitlement for promoted clerks arises after two years regular service from promotion date, not linked to typing test passage unless explicitly stated in promotion order.
Couty of the considered view that the impugned order dated 27.11.2017 is wrong, illegal and arbitrary, as it does not have the backing of any rule or applicable service condition behind it.
An employee is entitled to a second higher pay-scale after 15 years of service if they remain stagnated in the same pay-scale despite receiving promotions.
The main legal point established in the judgment is the entitlement of the higher pay scale of Rs.2000-3500 for the petitioners based on completion of 9 years of service and the promotional post of C....
Entitlement to fixation of pay as per eligibility despite initial promotion without possessing the required qualification.
The main legal point established in the judgment is the entitlement of employees to a higher pay scale as per the Government Resolution dated 16.08.1994 and the recruitment rules, based on their resp....
Employer's right to restructure cadre and rationalize pay scales, and the obligation to rectify pay anomalies caused by promotions.
The main legal principle established in the judgment is the application and interpretation of Government Order No.25 P & AR Department dated 23.03.2015 to rectify pay anomalies between seniors and ju....
Mere placement in a promotion panel does not create a vested right; claims for notional promotion made years after retirement are barred by delay and laches.
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